(35 ILCS 505/2a) (from Ch. 120, par. 418a)
Sec. 2a.
Except as hereinafter provided, on and after January 1,
1990 and before January 1, 2025, a tax of three-tenths of a cent per gallon
is imposed upon the privilege of being a receiver in this State of fuel for
sale or use. Beginning January 1, 2021, this tax is not imposed on sales of aviation fuel for so long as the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the State.
The tax shall be paid by the receiver in this State who first sells or uses
fuel. In the case of a sale, the tax shall be stated as a separate item on the
invoice.
For the purpose of the tax imposed by this Section, being a receiver of
"motor fuel" as defined by Section 1.1 of this Act, and aviation fuels,
home heating oil and kerosene, but excluding liquified petroleum gases, is
subject to tax without regard to whether the fuel is intended to be used
for operation of motor vehicles on the public highways and waters.
However, no such tax shall be imposed upon the importation or receipt of
aviation fuels and kerosene at airports with over 300,000 operations per year,
for years prior to 1991, and over 170,000 operations per year beginning in
1991, located in a city of more than 1,000,000 inhabitants for sale to or use
by holders of certificates of public convenience and necessity or foreign air
carrier permits, issued by the United States Department of Transportation, and
their air carrier affiliates, or upon the importation or receipt of aviation
fuels and kerosene at facilities owned or leased by those certificate or permit
holders and used in their activities at an airport described above. In
addition, no such tax shall be imposed upon the importation or receipt of
diesel fuel or liquefied natural gas sold to or used by a rail carrier registered pursuant to
Section 18c-7201 of the
Illinois Vehicle Code or otherwise recognized by the Illinois Commerce
Commission as a rail carrier, to the extent used directly in railroad
operations. In addition,
no such tax shall be imposed when the sale is made with delivery to a purchaser
outside this State or when the sale is made to a person holding a valid license
as a receiver. In addition, no tax shall be imposed upon diesel fuel or liquefied natural gas consumed
or used in the operation of ships, barges, or vessels,
that are used primarily in or for the transportation of property in interstate
commerce for hire on rivers bordering on this State, if the diesel fuel or liquefied natural gas is
delivered by a licensed receiver to the purchaser's barge, ship, or vessel
while it is afloat upon that bordering river. A specific notation thereof
shall be made on the invoices or sales slips covering each sale.
(Source: P.A. 100-9, eff. 7-1-17; 101-604, eff. 12-13-19.)
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